Guardianship is a legal arrangement in which an individual (a guardian) is given legal authority and responsibility to care for another individual (a ward). Parents may appoint guardians of their minor children in a will or other estate planning document so if both parents die before their children reach the age of majority (become adults) the guardian will have the legal authority to care for the children. Or if a minor’s child’s only living parent expects to lose the ability to care for the child due to the parent’s deteriorating health or other incapacity, the parent may initiate a legal process to make an adult relative or friend the child’s legal guardian. And if a minor child’s parents are not fit or able to care for their child, the court may appoint a legal guardian.

A legal guardian is responsible for the ward’s daily care, including the ward’s food, clothing, shelter, education, health care, and financial needs. But a legal guardian’s responsibility is not permanent, and generally terminates when the minor child reaches the age of majority (usually 18). And if the ward’s parent or parents become able to care for the ward again, the court may end the guardianship. If the ward has special needs, the guardianship may continue after the ward becomes an adult.

The temporary nature of a guardianship, and the fact that it is supervised by the court, is different from the adoption process in which the adoptive parents assume the same responsibilities as biological parents.

In North Carolina, guardianship is a legal status granted by the court where an individual, known as a guardian, is appointed to care for another person, referred to as a ward. This arrangement is particularly relevant for minors or adults who are unable to manage their own affairs due to incapacity. Parents can designate a guardian for their minor children through a will or estate planning document to ensure care in the event of the parents' death or incapacity. If a minor's living parent anticipates an inability to care for their child, they may petition the court to appoint a guardian. Additionally, if a child's parents are deemed unfit, the court may intervene to establish a guardianship. The guardian is responsible for the ward's daily needs, including food, shelter, education, healthcare, and financial matters. Guardianship typically ends when the minor reaches the age of majority, which is 18 in North Carolina, or if the parents regain the ability to care for the child. However, for wards with special needs, guardianship may extend into adulthood. Unlike adoption, guardianship does not permanently sever the legal relationship between the child and their biological parents and remains under court supervision.